New regulations regarding the calculation of work experience now apply to the private sector, clarifying documentation requirements for periods without social security contributions.
Employers’ Restrictions on Internal Regulations are Prohibited
Employers are not permitted to include provisions in their internal regulations that restrict employees’ rights or reject valid documentation. The law does not grant them the authority to limit how employees prove their work history.
The updated rules, effective January 1, 2026, aim to benefit employees, but initial implementation in the public sector revealed complexities. Now extended to the private sector from May 1st, the regulations have undergone public scrutiny and clarification from the Ministry of Labor.
Documenting Periods Without Social Security Contributions
A key challenge lies in properly documenting periods of professional activity where social security contributions (pension, disability, or accident insurance) were not paid. The law allows these periods to be included in work experience if documented with other credible evidence.
Acceptable Documentation and Employer Concerns
Acceptable documentation includes contracts, invoices, and certifications from employers or organizations like Agricultural Production Cooperatives. While employers generally accept documentation from the Social Insurance Institution (ZUS), they often question the validity of other documents.
For example, a contract alone may not be sufficient, especially for longer periods where actual work performance is uncertain. If no contributions were paid due to the worker’s status (e.g., student) or eligibility for tax relief, proof of payment is crucial.
Internal Regulations and Legal Limits
Some employers have attempted to specify in their internal regulations which documents they will accept as proof of work experience. However, these regulations cannot be less favorable to employees than the provisions of the law. The law does not limit the methods employees can use to document their work history, nor does it authorize employers to impose such restrictions.